[Federal Register Volume 83, Number 37 (Friday, February 23, 2018)]
[Proposed Rules]
[Pages 8019-8020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03648]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 385

[Docket No. RM18-7-000]


Withdrawal of Pleadings

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Commission proposes to adopt a more accurate title of 
Withdrawal of pleadings (Rule 216), for Rule 216 of the Commission's 
Rules of Practice and Procedure. The Commission also proposes to 
clarify the text of the Rule.

DATES: Comments are due March 26, 2018.

ADDRESSES: Comments, identified by docket number, may be filed in the 
following ways:
     Electronic Filing through http://www.ferc.gov. Documents 
created electronically using word processing software should be filed 
in native applications or print-to-PDF format and not in a scanned 
format.
     Mail/Hand Delivery: Those unable to file electronically 
may mail or hand-deliver comments to: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street NE, 
Washington, DC 20426.
    Instructions: For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Comment 
Procedures Section of this document.

FOR FURTHER INFORMATION CONTACT:  Vince Mareino, 888 First Street NE, 
Washington, DC 20426, (202) 502-6167, [email protected].

SUPPLEMENTARY INFORMATION:
    1. In this Notice of Proposed Rulemaking (NOPR), the Commission 
proposes to clarify the title and text of Rule 216 of the Commission's 
Rules of Practice and Procedure, 18 CFR 385.216. The Commission 
proposes to adopt a more accurate title of ``Withdrawal of pleadings 
(Rule 216).'' The Commission also proposes to clarify the text of the 
Rule.

I. Discussion

    2. The Commission proposes two changes to Rule 216. First, the 
current title may confuse some readers by implying that Rule 216 
governs the withdrawal of tariff or rate filings, which are instead 
governed by separate

[[Page 8020]]

regulations.\1\ Thus, the Commission proposes changing the title from 
``Withdrawal of pleadings and tariff or rate filings (Rule 216)'' to 
``Withdrawal of pleadings (Rule 216).''
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    \1\ E.g., 18 CFR 35.17, 154.205, 284.123, 341.13.
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    3. Second, the Commission proposes changing the first sentence of 
Rule 216(a) to read, ``Any person may seek to withdraw its pleading by 
filing a notice of withdrawal.'' This change clarifies that it is the 
person who has submitted a pleading that may withdraw that pleading. 
The Commission also proposes a conforming change, to refer to 
``person'' rather than ``party,'' in Rule 216(c).

II. Information Collection Statement

    4. Review by the Office of Management and Budget, pursuant to 
section 3507(d) of the Paperwork Reduction Act of 1995, is not required 
since this NOPR does not contain new or modified information collection 
or recordkeeping requirements.

III. Environmental Analysis

    5. The Commission is required to prepare an Environmental 
Assessment or an Environmental Impact Statement for any action that may 
have a significant adverse effect on the human environment.\2\ Section 
380.4(a)(1) of the Commission's regulations exempts certain actions 
from the requirement that an Environmental Analysis or Environmental 
Impact Statement be prepared.\3\ Included is an exemption for 
procedural actions. As this NOPR falls within that exemption, issuance 
of the NOPR does not represent a major federal action having a 
significant adverse effect on the human environment under the 
Commission's regulations implementing the National Environmental Policy 
Act, and, thus, does not require an Environmental Analysis or 
Environmental Impact Statement.
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    \2\ Regulations Implementing National Environmental Policy Act 
of 1969, Order No. 486, FERC Stats. & Regs. 30,783 (1987) (cross-
referenced at 41 FERC 61,284).
    \3\ 18 CFR 380.4(a)(1) (2017).
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IV. Regulatory Flexibility Act Analysis

    6. The Regulatory Flexibility Act of 1980 (RFA) \4\ generally 
requires a description and analysis of proposed rules that will have 
significant economic impact on a substantial number of small entities. 
This NOPR concerns clarifications to agency procedure. The Commission 
certifies that the proposed clarifications will not have an economic 
impact upon participants in Commission proceedings and, therefore, an 
analysis under the RFA is not required.
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    \4\ 5 U.S.C. 601-612 (2012).
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V. Comment Procedures

    7. The Commission invites interested persons to submit comments on 
the matters and issues proposed in this notice to be adopted, including 
any related matters or alternative proposals that commenters may wish 
to discuss. Comments are due March 26, 2018. Comments must refer to 
Docket No. RM18-7-000, and must include the commenter's name, the 
organization they represent, if applicable, and their address in their 
comments.
    8. The Commission encourages comments to be filed electronically 
via the eFiling link on the Commission's website at http://www.ferc.gov. The Commission accepts most standard word processing 
formats. Documents created electronically using word processing 
software should be filed in native applications or print-to-PDF format 
and not in a scanned format. Commenters filing electronically do not 
need to make a paper filing.
    9. Commenters that are not able to file comments electronically 
must send an original of their comments to: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street NE, 
Washington, DC 20426.
    10. All comments will be placed in the Commission's public files 
and may be viewed, printed, or downloaded remotely as described in the 
Document Availability section below. Commenters on this proposal are 
not required to serve copies of their comments on other commenters.

VI. Document Availability

    11. In addition to publishing the full text of this document in the 
Federal Register, the Commission provides all interested persons an 
opportunity to view and/or print the contents of this document via the 
internet through the Commission's Home Page (http://www.ferc.gov) and 
in the Commission's Public Reference Room during normal business hours 
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE, Room 2A, 
Washington, DC 20426.
    12. From the Commission's Home Page on the internet, this 
information is available on eLibrary. The full text of this document is 
available on eLibrary in PDF and Microsoft Word format for viewing, 
printing, and/or downloading. To access this document in eLibrary, type 
the docket number excluding the last three digits of this document in 
the docket number field.
    13. User assistance is available for eLibrary and the Commission's 
website during normal business hours from the Commission's Online 
Support at (202) 502-6652 (toll free at 1-866-208-3676) or email at 
[email protected], or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at 
[email protected].

    By direction of the Commission.

    Issued: February 15, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

List of Subjects in 18 CFR Part 385

    Electric power rates, Electric power, Reporting and recordkeeping 
requirements.

    In consideration of the foregoing, the Commission proposes to amend 
Part 385, Chapter I, Title 18, Code of Federal Regulations, as follows.

PART 385--RULES OF PRACTICE AND PROCEDURE

0
1. The authority citation for part 385 continues to read as follows:

    Authority:  5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16 
U.S.C. 791a-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 9701; 
42 U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App. 
U.S.C. 1-85 (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. 2461 note 
(2015).

0
2. Revise the title of section 385.216 to read as follows:


Sec.  385.216  Withdrawal of pleadings (Rule 216).

0
3. Revise section 385.216(a) to read as follows:
    (a) Filing. Any person may seek to withdraw its pleading by filing 
a notice of withdrawal. The procedures provided in this section do not 
apply to withdrawals of tariff or rate filings, which may be withdrawn 
only as provided in the regulations under this chapter.
* * * * *
0
4. Revise section 385.216(c) to read as follows:
* * * * *
    (c) Conditional withdrawal. In order to prevent prejudice to other 
participants, a decisional authority may, on motion or otherwise, 
condition the withdrawal of any pleading upon a requirement that the 
withdrawing person leave material in the record or otherwise make 
material available to other participants.

[FR Doc. 2018-03648 Filed 2-22-18; 8:45 am]
 BILLING CODE 6717-01-P